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RSMo 490.450effective 28 Aug 1939

Error in name

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In plain English

When someone's name is spelled wrong or shortened (like using initials instead of a full first name) on real estate papers, the law says those papers can still be used as evidence in court. If the last names sound the same, it is assumed the person with the slightly different name spelling is the same person. This applies to deeds, mortgages, and court records that deal with property ownership.

Word-for-word law

490.450. Error in name. — All deeds, mortgages, deeds of and other instruments or affecting to where the Christian names of the grantees therein, or the parties of the second part, are by using the initials thereof, or any abbreviation thereof, or where the surname is misspelled, and the same are afterwards conveyed by the full Christian name or names, with correct spelling of the surname, the of such instruments shall be and such parties shall be until the contrary appears, to be the same. And in like manner the same shall be true in all cases where the title to any such property is taken in the full Christian name and correct spelling of the surname and conveyed out by the initials or initial or abbreviations of the Christian name or misspelling of the surname; provided, that the surname in which such title was taken is with the name by which the title to the same premises were conveyed or affected. And in like manner a variation in the spelling and using of the initials of parties to any court proceedings affecting title to real estate, it shall be presumed, until the contrary appears, that any variation in initials or abbreviations thereof or the misspelling of the surname of any , such person or persons shall be presumed until the contrary appears, to be the same person or persons claiming title to the real estate affected by such proceedings, as their interest may appear therein; provided, that surnames are idem sonans.

(RSMo 1939 § 3445)

Prior revisions: 1929 § 3058; 1919 § 2217

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RSMo 490.450: Error in name | KnowMo Laws